The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Section 2 of the Mental Capacity Act 2005 (MCA 2005) provides that a person lacks capacity in relation to a matter if, at the material time, they are unable to make a decision for themselves in relation to a matter because of an impairment of a disturbance of the functioning of the mind or brain, whether permanent or temporary. Capacity can therefore be lifelong or transitory. MCA 2005, s 1 provides for a presumption of capacity unless, and until, the contrary is shown.
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 15 apply to protected parties, which includes persons who lack capacity. By FPR 2010, SI 2010/2955, 15.2 a protected party must have a litigation friend to conduct proceedings on their behalf, and save for the filing of an application form or making an application for the appointment of a litigation friend no steps in the proceedings can be taken without the permission of the court (FPR 2010, SI 2010/2955, 15.3) and any step taken outside of these provisions is of no effect without specific the order of the court.
By FPR 2010, SI 2010/2955, 15.6, the court may appoint a person to act as a litigation friend or may appoint the Official Solicitor (OS). However where there is no person willing to act and the OS refuses to act, the powers of the
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Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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